Legal status of ratified international treaty under Indonesian hierarchy of law

• Main Authors: Ni’matul, Dodik, Setiawan Nur Heriyanto Huda, Allan, Fatchan Ghani W
• Other Authors: Asian constitutional law recent developments and trends : Vietnam, Hanoi, 6th and 7th December 2019. Volume 1
• Format: Other
• Language: Vietnamese
• Published: Đại học Quốc Gia Hà Nội 2020
• Subjects: Treaty; Ratification; Hierarchy
• Online Access: http://repository.vnu.edu.vn/handle/VNU_123/94104
• Institution: Vietnam National University, Hanoi

Indonesia is one of the active country players at international relations to response with the globalization. As a result, Indonesia also ratified many important international treaties. The 1945 Constitution required mutual consent with the legislative members for the Indonesian government to ratify a treaty. Product of mutual consent is statutory law (Undang-Undang). However, Law No. 12 of 2011 does not clearly regulate the status of that statutory law under the hierarchy. That statutory law under the same hierarchy of other statutory laws with no connection with treaty ratification. With this position, statutory law also can be reviewed and/or even annulled by the Constitutional Court when its content contradicts with the spirit of the Constitution. Moreover, many treaties require non-reservation which the reduction of the substance will preclude state obligations. Thus, with normative legal methodology, this study is aimed to analyse the legal status of the ratified treaty under the Hierarchy of Law in Indonesia. One of the important results of this study require the government to amend the Law No. 12 of 2011.